JOINT STIPULATION AND [PROPOSED] ORDER TO STAY PROCEEDINGS FOR NINETY DAYS

WILLIAM B. SHUBB, District Judge.

Plaintiffs National Railroad Passenger Corporation (d/b/a Amtrak), BNSF Railway Company, Union Pacific Railroad Company, and Los Angeles Junction Railway (collectively, "Plaintiffs") and Defendants the State of California, the State of California Division of Labor Standards Enforcement, and Julie Su, in her official capacity as Labor Commissioner (collectively, "Defendants"), hereby request and jointly stipulate to stay of all proceedings in this case for a period of ninety (90) days.

Recitals

WHEREAS Plaintiffs and Defendants (collectively, "the Parties") are actively engaged in settlement negotiations and would like the opportunity to continue those discussions before advancing litigation further and potentially wasting judicial resources;

WHEREAS "the power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its own docket with economy of time and effort for itself, for counsel, and for litigants." Landis v. N. Am. Co., 299 U.S. 248, 254 (1936)). "[T]he law favors and encourages compromise settlements," Ahern v. Cent. Pac. Freight Lines, 846 F.2d 47, 48 (9th Cir. 1988), and courts routinely order stays to facilitate settlement efforts. See, e.g., 13B Charles A. Wright, et al., Federal Practice & Procedure § 3533.2 (2009) ("[A] court may stay proceedings if the parties are working toward settlement. . . .");

WHEREAS the Parties agree that a stay is desirable both to facilitate their settlement efforts and to conserve judicial resources. See White v. Novartis Pharm. Corp., No. 06-cv-00665, 2006 WL 1409556, at *1 (E.D. Cal. May 22, 2006) ("[B]ecause the parties appear to be in agreement that a stay is warranted, or at least acceptable, the court sees no reason not to exercise its inherent power to issue one.");

NOW, THEREFORE, for the foregoing reasons, the Parties jointly stipulate that it is in the interests of all concerned and will promote judicial economy to stay this case in its entirety as set forth below, or on such other terms as the Court may order:

1. This case shall be stayed and all associated dates and deadlines vacated. The stay shall remain in effect for a period of 90 days.

2. Within the 90-day stay period, the Parties shall meet and confer in good faith to explore settlement.

3. Should the case be resolved, the Parties will notify the Court promptly by filing appropriate dispositional documents.

4. Should the case not be resolved, the Parties will notify the Court at the close of the 90-day period so that the Court may issue a new scheduling order.

ORDER

Pursuant to the joint stipulation of the Parties:

1. This case shall be stayed and all associated dates and deadlines vacated. The stay shall remain in effect for a period of 90 days.

2. Within the 90-day stay period, the Parties shall meet and confer in good faith to explore settlement.

3. Should the case be resolved, the Parties will notify the Court promptly by filing appropriate dispositional documents.

4. Should the case not be resolved, the Parties will notify the Court at the close of the 90-day period so that the Court may issue a new scheduling order.

IT IS SO ORDERED.